I FUCKING hate corporate America!!

[ikojo]

I had a scooter accident in October 2008. I was on short term disability from Oct 27 to Jan 5. I returned to work on a part time basis, working four hours a day beginning Jan 5. During this time my job supposedly was "protected" by FMLA. Well, this being the fucking United States and with non union workers having absolutely NO rights at work, I was advised today that I have exhausted my FMLA and now my job is no longer considered protected.

I am still going through physical therapy to repair my rotator cuff which sustained a complete tear. I go to physical therapy three days a week. Each session takes approximately two hours.

I have no transportation but public transit until I can ride a scooter again, which may be soon, whether I'm really ready or not. It takes me approximately two hours to get from work to the physical therapy place near my home.

Today my supervisor and manager told me that they are going to post my job as an open position. They will seek to fill the position. If they fill it then I could be terminated once I am given the OK to return to work. So, I called my doctor and asked them to fax a return to work order authorizing me to come back eight hours.

GOD FUCKING forbid a worker in this fucking country malfunction!

I hate this society!


:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :grr: :grr: :grr: :grr: :grr:

[GoddessOfGuinness]

1. That sucks...

:hug::hug::hug:
Why would they terminate you after you get the ok to come back to work? That doesn't make sense to me.

Hope things get better soon!
:hug::hug::hug:

[ikojo]

2. I was told that if my position is filled then

they would have no choice but to terminate my employment. Since I'm on disability I don't think they can legally fire me, ya know. Oh well as of Monday I'll be a full time wage slave again.

If I didn't have all the bills I have I'd quit and find something else.

[TZ]

3. yeah I've seen this game with people on disability

It sucks. :hug:

[GoddessOfGuinness]

4. I hope something better will fall into your lap.

It sounds as if you really need more time.

[Rabrrrrrr]

5. Now, you see, if you'd run the company into the ground, you'd get a bonus and a bailout.

:eyes:

Sorry to hear that happened to you - unfortunately, in this economic climate, the employers hold all the strings, and it's not right.

[ikojo]

6. You're right. I told my boss that this afternoon

when I called to advise that as of Monday I'll be working eight hours again. They don't care about me as a person. They don't care whether I make a full recovery and can use the shoulder for the rest of my life. I told my boss that she and my manager had all the power.

I just hope I don't have any other health related problems this year. I've been having abdominal pains but I guess I'll let them just continue because I have ZERO sick days available.

[MajorChode]

7. Ask for a "reasonable accommodation" in writing

You may not get anywhere with this, but as it sounds like they are about to can you, it is certainly worth a try.

Even with a temporary disability you still have certain protections under the law, but if you don't identify yourself as disabled and request a reasonable accommodation, you have no recourse. Do it now. Don't wait. You have nothing to lose and everything to gain. You do have specific rights, but if you don't educate yourself you could lose them.

http://www.eeoc.gov/policy/docs/accommodation.html

[no name no slogan]

9. Get a letter from a doctor for this-- because they'll ask for it

If you go in with a medical opinion on your side, you'll have a better chance of getting the accommodation than without it.

[MajorChode]

12. This is true but the employer can still have you examined by their doctor

It all depends on how hard they want to fight it. It can get very ugly.

The most important thing is to make your request for "reasonable accommodation" in writing, which secures your rights. While it is true that you don't have to use the exact words, "reasonable accommodation", using them removes all ambiguity and prevents the employer from claiming ignorance later on in the process.

Do everything in writing. Even if you do go down you can go down fighting.

[ikojo]

10. Thanks for that link....so from reading the link

I could ask to work through my lunch period and leave work an hour early to accommodate my physical therapy sessions.

Am I understanding the document correctly?

[MajorChode]

15. You can ask for just about anything

However you must remember the key word is "reasonable", and this word is NOT up to just your employer's definition.

Asking off for short periods of time to go to physical therapy would certainly fit into the category of reasonable, IMO, but the opinion of the EEO Administrative Law Judge is ultimately the one that counts when push comes to shove. Past cases certainly suggest your request would be reasonable. I have seen employers required to make $50K modifications to the workplace. I have seen employers required to accommodate modified schedules.

There are lots of routes you could go with this. You could ask for a 4 x 10 hour work schedule, or time off to attend therapy, or modified hours, or whatever is necessary.

Edit:
If your employer refuses to accommodate or they fire you, THEN you file an EEOC complaint, but the key is identification of your condition because the employer can always claim later that you never asked to be accommodated, and they will win with that tactic if it is accurate.

[ikojo]

16. Thanks much for your help....I have a friend

who was an EEOC judge so perhaps I'll run my letter by him before I give it to my boss.

[no name no slogan]

8. I was in the same boat 16 months ago

I ran out of FMLA, and had to go on what was called "medical leave" for a couple months. Even though I'm a union employee, my employer still could have posted and filled my position.

The only reason they didn't was because I have such a specialized skill set and knowledge of the operation that by the time they hired and trained someone for my job, it would have been cheaper to wait for me to come back to work.

Even though the economy sucks, it still may be more beneficial for your employer to wait for you to recover than it would be for them to terminate you and re-fill the position.

[ikojo]

13. I got the impression that my manager and supervisor

were not too concerned about having someone in a trainee status, they want someone there full time. Right now there are two temps in my department who are chomping at the bit to be hired full time and I'm sure they'd be considered. There would not be as big a learning curve for them as they've been working on a temporary basis for about three months now.

[seemunkee]

11. That sucks, but why PT?

If your shoulder is a complete tear PT will never fix it.

[ikojo]

14. I had surgery already and have been in physical

therapy since a week after surgery.